Can a salary manager wait tables while managing?? Like on a regular basis??

My manager at my last restaurant would take
tables every shift whether it was busy or not
He was never scheduled as a server/bartender
and there would be servers/bartenders able
and not to busy to take the tables. He kept all
the cash and again there were many occasions
where other servers/bartenders had few to no
tables.

Asked on July 17, 2017 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, a salaried manager can wait tables while also doing other things (as you can imagine, this is not uncommon in very small restaurants) and can keep the appropriate share of tips earned while he is waiting. He can also take most of the tables for himself. The key is, he *must* be actually waiting on tables--he can't get tips without functioning as a waiter, but if he does function as a waiter, this is permissible.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.